2021 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 5 - Tolling of Limitations
§ 9-3-93. Five-Year Tolling for Unrepresented Estate - in Favor of Creditors

The time between the death of a person and the commencement of representation upon his estate or between the termination of one administration and the commencement of another shall not be counted against creditors of his estate, provided that such time does not exceed five years. At the expiration of the five years the limitation shall commence.

(Ga. L. 1882-83, p. 104, § 1; Civil Code 1895, § 3782; Civil Code 1910, § 4377; Code 1933, § 3-804.)

- For survey article on torts, see 34 Mercer L. Rev. 271 (1982).

O.C.G.A. § 9-3-93 is made applicable to tort actions by O.C.G.A. § 9-3-98. Jefferson Pilot Fire & Cas. Co. v. Burger, 176 Ga. App. 471, 336 S.E.2d 591 (1985).

Five year period of Ga. L. 1953, Nov.-Dec. Sess, p. 342, §§ 1 and 2 (see now O.C.G.A. § 9-2-60), relating to dismissals for want of prosecution, was not a limitation within the meaning of former Code 1933, § 3-804 (see now O.C.G.A. § 9-3-93). Swint v. Smith, 219 Ga. 532, 134 S.E.2d 595 (1964).

Partnership claim filed nine years after death of first partner was barred under this section. Roach v. Roach, 143 Ga. 486, 85 S.E. 703 (1915).

Cited in Walker v. Hall, 176 Ga. 12, 166 S.E. 757 (1932); Citizens & S. Nat'l Bank v. Mize, 56 Ga. App. 327, 192 S.E. 527 (1937); Collier v. Georgia Sec. Co., 57 Ga. App. 485, 195 S.E. 920 (1938); Montaquila v. Cranford, 129 Ga. App. 787, 201 S.E.2d 335 (1973); Atlanta Professional Ass'n for Thoracic & Cardiovascular Surgery v. Allen, 163 Ga. App. 400, 294 S.E.2d 647 (1982); Deller v. Smith, 250 Ga. 157, 296 S.E.2d 49 (1982).

RESEARCH REFERENCES

Am. Jur. 2d.

- 51 Am. Jur. 2d, Limitation of Actions, §§ 241, 242.

- Effect of statement of claim against decedent's estate regarding debt apparently barred by the statute of limitations, 119 A.L.R. 426.

Application and limits of rule that death of person liable does not interrupt running of statute of limitations, 174 A.L.R. 1423.

Tolling or interruption of running of statute of limitations pending appointment of executor or administrator for tort-feasor in personal injury or death action, 47 A.L.R.3d 179.